Issue No 37 Autumn/Winter 2004

Family Law Council Newsletter

Please address all correspondence and inquiries concerning the Family Law Council News to:
The Director of Research, Family Law Council, Robert Garran Offices, National Circuit BARTON ACT 2600

Telephone: (02) 6250 6842 - Fax: (02) 6250 6521 - email: flc@ag.gov.au

Professor John Dewar

Council Changes - members and observers

2004 will see significant changes in Council membership. The appointments of the Chairperson, Professor John Dewar, Ms Susan Holmes and Professor Patrick Parkinson, finish in August. And the terms of Ms Tara Gupta and Ms Kate Hughes finish in October.

The outgoing Chairperson paid tribute to the commitment and energy of his colleagues on Council over the years. He thanked the current Attorney-General the Hon. Mr Philip Ruddock MP, and his predecessor, the Hon. Mr Daryl Williams AM QC, for their personal support of the Council and for the on-going assistance provided by their Department. He observed that:

"My association with the Council, both as a member and subsequently as Chairperson, has been a productive and stimulating experience. I have no doubt the informed and practicable nature of Council's advice arising from its various references, and informed by its quarterly meetings around Australia, will continue to play its part in fostering an integrated and responsive family law system."

Ms Margaret Harrison, one of two Observers from the Family Court, was farewelled at the Melbourne meeting. Margaret was thanked for her outstanding contribution to a wide range of Council activities over many years. Her role will be undertaken by Ms Dianne Gibson. The Australian Institute of Family Studies Observer will be Mr Bruce Smyth, who takes over from Ms Ruth Weston.

Council members meet the Attorney-General in Melbourne

Front Row: Mr Peter May, Professor John Dewar (Chairperson), the Hon. Mr Philip Ruddock MP, Ms Kate Hughes, Ms Christine Mead FM.
Middle Row: Mr Matthew Osborne, Mr Kym Duggan, Ms Tara Gupta, Ms Margaret Harrison.
Staircase: Mr Garry Watts, the Hon. Justice Susan Morgan, Acting Judge Stephen Thackray, Ms Yvonne Marsh, Ms Josephine Akee,
Professor Patrick Parkinson, Mr Bruce Smyth, Ms Lani Blackman, Ms Di Kneebone, Ms Elizabeth Carter, Ms Susan Holmes.

Council's meeting in Melbourne

Council met from 3-5 March. A highlight of the meeting was the visit by the Attorney-General the Hon. Mr Philip Ruddock MP.

The Council was appreciative of the opportunity and the time taken by the Attorney-General to meet and discuss issues of concern. Much of the discussion was focused on the Inquiry into child custody arrangements in the event of family separation. The Council also joined with NADRAC in a workshop concerning judicial mediation. The theme of the meeting was the operation of the Superannuation splitting provisions in the Family Law Act. Council and visitors generally welcomed the enhanced flexibility for parties and courts dealing with property matters. The Council met with a number of visitors. The first guests from Victoria Legal Aid were Mr Tony Parsons, Managing Director, Ms Judith Sharples, Head of the Family Law and Civil Justice Division, Ms Judy Crundall, Divisional Manager, Mr Michael Wighton, Divisional Manager, Regional Office and Mr Paul Crowley, Roundtable Dispute Management Project. They were joined by Ms Margot Rogers, of Relationships Australia. The Council then had a very interesting discussion with Dr Bryan Rodgers and Ms Elly Robinson, from the Centre for Mental Health Research, ANU.

Finally, the Council met with Victorian Federal Magistrates Connelly and Walters.

Council's meeting in Mildura

Council met from 2-4 June. Council signed off on two major references arising from the Out of the maze Pathways report: Best practice guidelines for lawyers doing family law work; and Pathways for Children: A review of children's representation in family law.

The theme of the meeting was the Family Law needs of people living in rural and remote areas and in particular Aboriginal and Torres Strait Islander issues. Visitors meeting with Council were Ms Rebecca Boreham, of the Murray Mallee Community Legal Service/Women's Legal Service; Ms Cynthia Toose, Mr Joe Watson and Ms Kay Martin; Ms May Connelly and Ms Bernadette Edmanson from the Murray Mallee Child Contact Service.

On Thursday afternoon Council members were visited by the following members of the Mildura Aboriginal Corporation: Ms Kay Tulloch, Ms Myra Grinter, Elder, Corporation Director, Alcohol & Drug Abuse Program, Ms Sally Scherger, Coordinator of Family Services Unit, and Ms Kerry Muir, Elder, Stolen Generation Program.

Other guests who met with Council were: Professor Tania Sourdin and Mr Tom Fisher, who were discussing the Quality Framework Project.

Council's Work Program

The Guidelines Committee is comprised of both Council and Law Council of Australia members. Council approved a draft of the Best Practice Guidelines for Lawyers Doing Family Law Work (the Guidelines) at its Melbourne meeting.

The Family Law Section of the Law Council of Australia has now approved the draft of the Guidelines. Subject to approval by the Attorney-General, endorsements will be included in the draft and the document will be published and launched.

The Child Representatives Committee was tasked with revisiting the findings and recommendations of the Council's 1996 report, Involving and Representing Children in Family Law, in light of the significant social trends and judicial developments since its release, and also in response to recommendation 21 of the Pathways Report.

The report has been finalised and approved by the Council. Subject to approval by the Attorney-General, the report will be published and launched.

The Aboriginal and Torres Strait Islander Issues Committee is investigating implementation of a recommendation relating to kinship obligations and child-rearing practices in indigenous communities. The committee is consulting with interested groups and considering their submissions in order to finalise a Letter of Advice to the Attorney-General.

The Paramountcy Committee is examining the nature and application of the legal principle that the child's best interests must be regarded as the paramount consideration, including relocation issues, and considering whether the Family Law Act 1975 should be amended in this respect.

Council agreed at its Mildura meeting that the Paramountcy project will be addressed by way of a Discussion Paper.

The Violence Committee is considering recommendations for the reform of Division 11 of the Family Law Act 1975 which regulates the making of contact orders in circumstances where there is an inconsistent violence order already in force.

A Financial Agreements Committee has been established to review the provisions for binding financial agreements in Parts VIII and VIIIA of the Family Law Act 1975.

The Committee has consulted with a number of stakeholders on the issues raised by this reference.
A Letter of Advice will be furnished to the Attorney-General in the near future.

Statistical Snapshot of Family Law

Council finalised work on the second Statistical Snapshot of Family Law. This is the first Snapshot based on data produced by Casetrack, the new statistical system used by the Family Court and the Federal Magistrates Court. Hard copies of the Snapshot will be distributed to Council's mailing list and it will be added to Council's website.

Council's next meeting

The next Council meeting is to be held on 23-24 September 2004 at the Gold Coast. The meeting is timed to precede the 11th Biennial National Family Law Conference which is also being held at the Gold Coast. The theme for the next meeting will be Initiatives for a less adversarial family law system.

Upcoming Conferences

• 11th Biennial National Family Law Conference Beyond the Horizon, 26-30 September 2004, Gold Coast Convention & Exhibition Centre <http://www.familylawsection.org.au/>.
• 4th World Congress on Family Law and Children's Rights, Cape Town, South Africa, 20-23 March 2005, <http://www.lawrights.asn.au/>.
• The Family Services Australia 10th Annual National Conference will be held in Sydney from 20-22 October 2004, <www.fsa.org.au>.

The Family Law Council News is a bi-annual news-sheet which aims at informing persons and organisations about the work of the Family Law Council. The News is produced under the auspices of the Family Law Council but the views expressed are those of the writer or the Editor and not necessarily of any of its members or members of its committees. The purpose of the News is to provide general information and not legal advice. Every care is taken in the preparation of the News but readers are advised to check the detail of any legislation, cases or other material in it. All inquiries about the Family Law Council News should be directed to the Director of Research, Family Law Council, Robert Garran Offices, National Circuit, BARTON. ACT. 2600.

Editor: Matthew Osborne
Distribution: Di Kneebone
Design: Julie Stalker @ Architype C. S.